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(영문) 창원지방법원 통영지원 2018.09.21 2018고단564
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a summary order of KRW 2 million on October 15, 2008 to a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s Tong-gu branch on March 2, 2010, a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s branch branch on July 5, 2010, and a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s branch branch on June 28, 2017, for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on March 2, 201.

[2] On April 20, 2018, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol concentration of about 0.055% without obtaining a driver’s license from the front road of the ferry landing place in the city of bankruptcy, which is located in the city of bankruptcy, to the front road of the Sinsung-gun, Sungsung-gun, Gosung-gun, Sungsung-gun, to the front road of the establishment of the water supply and sewerage facilities.

As a result, the Defendant once again driven a motor vehicle without obtaining a driver's license under the influence of alcohol from a person who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place, investigation report (report on the situation of the driver at the main place), the situation report on the driver at the main place and the register of driver's licenses (A);

1. Previous convictions indicated in the judgment: Investigation reports (related to the confirmation of the fact of driving drinking alcohol not less than twice by suspects), records of inquiries about management of reports on driving alcohol, criminal history and application of the Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. Sentencing Article 62-2 of the Criminal Act.

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